AFFIRMATIVE — EMPLOYMENT — GENETIC SCREENING — INHERENCY 293

GENETIC SCREENING FOR EMPLOYMENT IS UNREGULATED

EMPLOYEES HAVE NO PROTCTION AGAINST ABUSE OF GENETIC TESTS

ARMOND BUDISH, The Plain Dealer March 26, 2000, SECTION: LIVING; Pg. 7L TITLE: HAVING THE WRONG GENES CAN COST YOU YOUR JOB // acs-VT2001

Is there any protection for employees?

Right now, the answer is not much. No federal law specifically prohibits genetic discrimination. The best potential for protection comes from the Americans with Disabilities Act.

The act bars discriminating against employees with physical or mental impairments that substantially limit a major life activity. So this law clearly prohibits discrimination after a disease has developed. But what about the situation where a test indicates that an employee has a genetic predisposition for a disease?

GENETIC TESTING IS UNREGULATED

ARMOND BUDISH, The Plain Dealer March 26, 2000, SECTION: LIVING; Pg. 7L TITLE: HAVING THE WRONG GENES CAN COST YOU YOUR JOB // acs-VT2001

Genetic testing is, for the most part, unregulated. The accuracy and reliability of many of these types of tests are still unproven. Yet a growing number of businesses are relying on one's genetic makeup to make employment decisions.

INDIVIDUALS AND SMALL GROUPS ARE NOT PROTECTED FROM GENETIC DISCRIMINATION

ROBERT PEAR; The Plain Dealer, February 9, 2000, SECTION: NATIONAL; Pg. 11A TITLE: CLINTON MOVES TO PROTECT WORKERS' GENETIC INFORMATION // acs-EE2001

Group health plans serving 50 or more employees are already forbidden to discriminate on the basis of genetic data, but the safeguards do not apply to people buying insurance as individuals or in small groups.